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PROJECT
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Farmers'
Rights Project Residential Workshops on
Economic Liberalization, Farmers' Rights and Mountain Development Strategies, Recommendations of Seminar held on 14-15th July 2001 |
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INTERACTIVE WORKSHOP ON “FARMERS’ RIGHTS & MOUNTAIN COMMUNITIES-WHERE WE STAND,”
23-24TH March
at Dehradun and 9-10th April at Shillong, India |
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Background and
Objective: SAWTEE is undertaking a project to study the impact of WTO agreement
on the farmers' rights to livelihood in the Hindukush Himalayan
Region. The main objective of the project is to make strategic
interventions, which will contribute to securing farmers' rights
to livelihood in the Himalayan region in the context of
liberalisation, globalisation and the WTO (World Trade
Organisation) agreements. CUTS a founder member of SAWTEE
is implementing the project in India. To begin the process
these workshops were organized with the objectives
Participants: These workshops
brought together the farmers and people from farmers’ bodies,
regional NGOs working with local communities, scientists and
academicians involved in the relevant fields from Himachal
Pradesh, Uttaranchal, Assam, Meghalaya, Arunachal Pradesh,
Nagaland and Manipur
to address issues on the impact of WTO agreement on the Farmers
Rights to Livelihood. |
Summary
Non governmental organisations, policy makers, farmers and farmers bodies and academia from the Central Himalayan Region/North Eastern Himalayan Region strongly feel the need of proper domestic policy measures to make the globalisation process less painful for mountain region. The same should be achieved by broadening the network among the stakeholders and generating awareness in all level so that linkage between grass root level and policy level is created. A strong demand for better market access and stopping for displacement of local habitats are urged by the farmers and farmers’ bodies. This is the main message which came out of two-day regional workshops at Dehradun /Shillong on 23-24 May 2002/ 9-10 April 2002 . The workshop “ The Farmers Rights and Mountain Communities – Where We Stand” was organised at Dehradun jointly by Calcutta based Consumer Unity & Trust Society (CUTS) and South Asia Watch on Trade Economic and Environment (SAWTEE), based at Kathmandu and Dehradun based Rural Litigation and Entitlement Kendra (RLEK). The same was organized at Shillong by CUTS and SAWTEE jointly with local partner Bosco Reach Out (BRO). International Centre for Integrated Mountain Development (ICIMOD) was the main supporter of these programmes. |
PRESENTATION
INAUGURAL SESSION (Dehradun Workshop) Day I: Session IProf. Nabin Sen, Reader, Department of Business Management, Calcutta University, Mr. Kamal Badani, RLEK, Mr. Kamlesh Adhikari, SAWTEE Prof. Nabinananda Sen, Consultant of CUTS welcomed participants on behalf of CUTS and narrated the objectives and purpose of the workshop mentioning the workshop as a part of long term ongoing project which is focusing on the state of Indian Farmers in Mountain Region in global perspective including the impact of WTO agreement on Farmers’ Rights to Livelihood. He briefly introduced CUTS as premier nongovernmental organisation working on various issues like consumer protection, trade, economics, environment, health women’s empowerment etc to help grass root level people and sensitise policy makers to create upward and downward linkages for development of society. Mr. Kamalesh Adhikari representing SAWTEE welcomed participants and greeted people for their active participation. He briefly introduced his organisation as evolved out of a network of civil society, academia, media people from Nepal, Bangladesh, India, Sri Lanka and Pakistan. The organisation engaged in networking, sensitising, capacity building etc to cope with the transition and equip society with information to provide adequate safety nets for protection of the environment and consumers through enhanced regional and international cooperation. Mr Kamal Barani of RLEK briefed the past activities of RLEK. He invited the participants to be united to fight the evil of globalisation process, which is going to affect poor mountain communities. Prof Sen explained the purpose of the workshop to gain better understanding of key issues related to farmers’ rights which may be plaguing mountain communities while to establish contact with a diversity of institutions working in mountain areas especially that have a role to play in devising specific policies related to farmers’ rights. On request, a large section of participants introduced themselves and about their expectation from this workshop. Globalisation/liberalisation and their
implications with special reference to the Himalayan Region
Session II Chair: Prof. Nabin Sen, Reader, Department of Business Management, Calcutta University, Speaker: Mr. Bharat Dogra, Journalist and eminent environmentalist. Mr. Bharat Dogra an eminent environmentalist warned participants of the workshop about the new brand of colonialism in the form of globalisation and market economy. According to him the term “Globalisation” apparently stands for an aggressive attitude of developed countries towards the developing countries. He also mentioned the exploitative and autocratic motives of international financial institutions like IMF, World Bank through which developed countries are restricting the rights of indigenous communities. He
opined earlier these institutions allow financial loan to
developing countries for their developmental works, they imposed
some rules and regulations to these countries and it has been
found that most of the cases these regulatory norms are influenced
by the developed countries. In this way developed countries
controlled the developing and least developed countries especially
in their national and international policymaking. In global perspective and in connection with the impact of WTO agreement he stressed on the discrepancies of Patent Rights, as it would facilitates the foreign Multinational Corporations (MNCs) to take patent on indigenous trees, vegetables, seeds etc. in developing countries. Developed countries would use their advanced technology to create hybrid seeds from indigenous seeds in developing countries and LDCs with the help of genetic engineering and will take patent on it. This will results in a situation where local communities will have to buy back their natural wealth at hugely inflated rate and which ultimately would promote a unhealthy competition in global market. While it is difficult for farmers in developed countries with more than eight acres land to survive in this situation, how far our farmers with smallholdings can sustain their livelihood. The natural resource of mountain communities was forest, which were encroached by government departments in many cases for the purpose of making Reserve Forest, dam and even for eco tourism which restricting the rights of local communities in exploring the natural resources and sustain their livelihood. Discussion: The poverty in mountain region is not new, but a result of inappropriate govt policies where WTO has no role to play. Legal allocation of land and insurance coverage of crops should be introduced in mountain region. Even few good policies by government such as providing loan for animal husbandry etc are unable to be successful due to improper implementation. The demerits of these advanced exogenous technologies are seen that though they produce higher quantity in the beginning after two three years of cropping, production starts diminishing. Even in the long run the soil fertility decreases owing to heavy use of chemical fertilizers as basic requirement for high yielding variety and land requires to be deserted for few years. This can only be overcome with wise decision to pursue traditional knowledge and indigenous techniques related to agriculture which they have developed over the centuries on basis of experimental application in order to promote sustainable mountain agriculture in the face of globalisation. Poor awareness about the procedure for getting patent of bio resources even among intellectuals is a reason to lose our bioresources. Farmers’ Rights and seed companies :
Compatibility and Conflict
Session
III Chair : Mr. Bharat Dogra, Journalist and eminent environmentalist, Speaker : Mr. Kunwar Prasun, one of the active associate of “ Beej Banchao Andolon”, Mr. Sahab Singh, associate of “ Beej Banchao Andolon”. Mr. Kunwar Prasun, one of the eminent associates of ‘Beej Banchao Andolan’ explained the background of this movement. Initially during the Green revolution usage of hybrid seeds and chemical fertilizer encouraged. These hybrid seeds require chemical fertilizer for good harvest, which has caused decline of natural fertility of soil. During this period many of indigenous variety seeds are collected by MNCs and preserved those in Gene Bank. Later on those varieties were modified by applying genetic engineering and MNCs had taken patent on those new breeds. This is how many varieties were lost. A good example is patenting of Basmati rice. He elucidated
their present campaign on preservation of indigenous seeds. They
are promoting cultivation of locally available seeds so that these
species do not get extinct. This is a process to safeguard the
mother seed (Adhar Beej). Mr Sahab Singh, another associates of Beej Bachao Andolan pointed out the loss of some of the animal and bird species. Some insects, annelids and micro organisms that contribute positively in the agricultural process have become extinct due to heavy use of chemical pesticides and fertilizers. The Campaign to preserve our traditional varieties and practices by holding meetings and taking out processions may be fruitful to generate awareness among larger sections of farmers. Discussion: In the policy making process of government regarding agriculture should involve the Gram Panchayat. The main problem lies with the poverty of farmers. That becomes a reason for farmers to be lured by the high yielding seeds in the short run without thinking of consequences. Even suggestion to use cowdong manure for long term balanced and average crop production, which can lead them to promote sustainable mountain agriculture by meeting the needs of the community, is evolved. Traditional Knowledge-base and Agriculture Practices in Central Himalayan RegionSession IVChair: Dr. D. Bandyapadhyay, Former Additional Secretary, Ministry of Agriculture, Speaker: Dr. Atul, Head of the Department, Agro-Forestry and Environment, Himachal Pradesh Krishi Vishwa Vidyalaya, Mr Kunwar Prasun. Dr Atul, Head
of the department for Agro forestry and Environment, Himachal
Pradesh Krishi Vishva Vidyalaya
emphasised the need for going back
to the roots, because the Himalayas still preserves a lot
wealth of virgin nature. He
finds that the farmers and NGOs have a major role to play to
preserve the knowledge and system. Mr. Kunwar Prasun
spoke on the extinction of traditional skills, knowledge and
pointed out the causes for decline of indigenous agricultural
crops. The traditional practice of using compost and organic
manure as well as bio pesticides helped specific species to
contain more nutritional value. Some rice varieties, which are
full of calcium and phosphorus, farmers traditionally using for
restoring good health. But as farmers are motivated to cultivate
the genetically engineered seeds and no longer feel interested to
produce those owing to low productivity. These species are nearing
toward extinction these days. Dr. D Bandyapadhyay,
Former Additional Secretary, Ministry of Agriculture,
highlighted that the Green Revolution initially made India
self sufficient in terms of food but this too had vested
commercial interest. The American Petroleum companies saw a good
market in India. The energy intensive seeds were produced which
needed fertilizers. These days the Green Revolution
became the prisoner of
fertilsers. Agricultural practice
has become standardized, bio diversity is lost and from 100
varieties of rice, only four-five varieties are left. Existing/Potential changes in Legislation
and their impact on local customs
Day IISession V Chair: Dr. Ghayur Alam, Centre for Sustainable Development, Speaker: Mr. Bharat Dogra, Journalist. Mr. Bharat Dogra emphasised that WTO agreement has its impact not only on the agro products, but also on the medicinal and pharmaceuticals products. He mentioned that for last 4-5 years various organizations and institutions have been dealing with patent law and WTO agreement. He advised those organizations that, to reach grass root level and local community they should translate the new “The Protection of Plant varieties and Farmers’ Rights Act, 2001” in local language and distribute among the Farmers so that they can have an idea about the same. To inform participant-Farmers about this Act, he depicted a clause, which has a pivotal importance to Farmers regarding their seeds. He explained that this clause allows farmers to save, use, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act.;………provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act. Discussion: The real problems are not really associated with govt. acts, land distribution system etc., rather they are mainly suffering form the detrimental effects of hybrid seeds and chemical fertilizers. Though they are now trying to change their attitude by practicing the use of natural manure but the paucity of the manure is the main problem. Earlier cattle were a major source for preparing the organic manure but as the deforestation program had been taking place for last few years, they were suffering from the scarcity of grazing field which leads to such condition where they are unable to maintain their cattle. A peculiar problem is the reluctance of new generations with formal educational background pursuing the traditional agriculture as their livelihood activity. Instead of solving the problems related to their generation old profession, they show more interest in searching job in cities. It is not possible for old generation to bear all hassles related to agricultural practice. Therefore these people go for easily available subsidized seeds and fertilizers to continue cultivation on which they sustain solely. Involvement of the stakeholders in the
context of the recent changes in the Himalayan Agriculture
Session VIChair: Dr. Madhu Soni, Senior Environmental Officer, Himachal Pradesh Pollution Control Board, Speaker: Prof. Nabin Sen, Reader, Calcutta University, Mr. Jayprakash Panwar, representative from RACHNA, Dr. Atul, Head of the Department, Department of Agro-forestry and Environment, Himachal Pradesh Krishi Vishya Vidyalaya. Mr.
Jayprakash Panwar from RACHNA
highlighted on the land problem in villages of mountain region.
His slide presentation showed how wrong government planning had
contributed to the gradual destruction of the mountain economy and
ecology of the Himalayan and how most important stakeholders-the
villagers- stood to suffer. An overview on how encroachment over
fertile agricultural land in mountain region for urbanisation and
sanctuary etc affected lives of mountain communities. This results
in decline in the agricultural land and farmers are forced to opt
some non-agricultural works.
People find it difficult to feed their cattle owing to lack
of grazing field and presence of chemical fertilser and pesticide
in the fodder. Thus the two main support to
livelihood of mountain farmers i.e.land and cattle are
going off their hands. In addition to it
farmers are loosing their skill of making handicraft.Then
he briefly narrated how the NGOs had been playing a significant
role in making local people aware of the situation and developing
watershed systems as the solution to some crisis. Prof
Nabin Sen
emphasised on the possible role of NGOs , farmers bodies, local
bodies and of the government to network among themselves
for mutual cooperation in the development of mountain
communities. The NGOs and other institutions should work as an
interface between the policy makers and farmers for whom the
policies made. Further stress has been given on documentation of
the traditional knowledge and practice by largely gathering oral
history from the village elders and others. To
begin with this he suggested to maintain a stock Register where we
could register these knowledge along with the related description
of biodiversity. In addition with this farmers should make a local
body to participate in decision making. He pointed out that a
network should be promoted involving institutions, universities
and NGOs who can propagate the ideas of local body to the
Government mentioning their real problems. The
last session was for the interactive and open discussion
period to point out relative outcomes from this two days
interactive workshop. Dr.
Atul, Professor of Himachal Pradesh Krishi VishyaVidyalaya,
during this session asked farmers to be aware about the WTO
agreement. Because of globalisation and liberalisation, the impact
of this agreement will be reflected in local and micro level
market. So farmers should keep their mind open for consideration
of all kind of national and international policies. According
to him so far it is concerned with documentation of traditional
knowledge, indexing and listing of indigenous technique are very
important, which ultimately could help them protecting
their resources from being patented by external agencies.
He requested Farmers of this region to take active part in
documentation of indigenous knowledge. Recommendations: 1.
Developmental policies in mountain region should not involve
displacement of traditional
habitats and should include conservation of regional bio
resources. 3.
On farm conservation of Biodiversity should be promoted.
The activity should be decentralised to give Gram Panchayat
a monitoring authority status. 4.
Farmers are interested to combine the modern technology with
traditional practices which can yield better agricultural benefit
in the long run. 5.Strong
networking among NGOs,
Institutions, research institutions,
farmers bodies to create better upward and downward
linkages should be encouraged. 6. People should not abstain themselves from taking benefit with the help of advanced knowledge for socio-economic development, otherwise people would left out the social prosperity will decline. INAUGURAL
SESSION (Shillong Workshop)
Day I. Session I: Dr. Dipankar Dey, Director
CUTS, Mr. Thamas Ray, Bosco Reach Out, Mr. Praveen Gautam, SAWTEE Dr. Dipankar Dey, Director
of CUTS-Calcutta welcomed the participants
and introduced CUTS
and narrated the objectives and purpose of the workshop mentioning
the workshop as a part of long term ongoing project which is
focusing on the state of Indian Farmers in Mountain Region with a
global perspective including the impact of WTO agreement on
Farmers’ Rights to their Livelihood. Mr. Thomas represented Bosco Reach-Out and welcomed participants as the co-host of the workshop. He introduced his organisation BRO as committed to the integral and holistic development of the people. Established in 1983, as the official development wing of the Salesians of Don Bosco, Province of Guwahati, it has been actively in the field of community development through Self Help Groups (SHG). BRO has a training centre cum agriculture farm called Rural Resource and Training Centre (RRTC) at Umran, Meghalaya. It imparts skill to people focused on agriculture and livestock. Mr. Praveen Gautam welcomed participants on behalf of South Asia Watch on Trade, Economics and Environment (SAWTEE). He explained that SAWTEE evolved out of a network of social activists and media persons from non-governmental organizations in Bangladesh, India, Nepal Pakistan and Sri Lanka. It objective is to create capacities in NGOs and media persons to enable citizens to understand and cope with the processes of transition and equip them with information and the tools of advocacy to provide adequate safety nets for protection of the environment and consumers through enhanced regional and international cooperation. On request, all participants introduced themselves and opined about their expectation and outcome from this workshop.
Globalisation/liberalisation and their
implications with special reference to the Himalayan Region
Session II. Chair: Dr. Subhendu Dasgupta, Professor, Centre for South Asian Studies, Calcutta University Speaker : Prof. Nabin Sen, Reader, Department of Business Management, Calcutta University. Prof. Nabinananda Sen, Calcutta University highlighted that liberalisation concept was hidden initially in the five years plans when concept of Green Revolution was adopted to boost agricultural sector. In current century government is promoting an objective emphasizing on people’s self sufficient welfare concepts. He mentioned that in case of first five years plan Government of India followed the USSR model. In 1960 India experienced a great economic depression i.e. stagnation and inflation along with unemployment. Green Revolution followed this phase while developed countries sold their high yielding variety seeds and obligatory chemical fertiliser (for germination of the seeds) to developing countries. Farmers initially adopted the technology and government promoted the same to strengthen the food security of the country. After few years of high production they experienced a major problem of depletion of soil fertility and decrease in production quantity. Meanwhile in 1980s developed countries found market saturation for their technology and chose third world countries as their aspiring market. In 1991, Dr. Manmohan Singh, former finance minister, promoted Structural Reforms followed by the concept of liberalisation. The term Liberalisation essentially stands for a major change whereby we open our market door to other countries for importing and exporting knowledge, technology etc. As developed countries are main inventor of advanced technologies, they are trying to make whole world a single market for selling their products. So the concept of ‘Globalisation has come, which is now being followed by WTO agreement and TRIPS related issues. Discussion: While it is proved that we can not alter our present socio-economic structure suddenly and Govt. of India already ratified the WTO agreement without considering the present and practical problems of farmers specially in North-East India, should Govt. take the responsibility of this poor and weaker section of people if there are any adverse effects due to this agreement in micro level market economy ? The response to this was that Govt. of India already has taken the responsibilities to look after the poverty eradication processes ensuring the economic development of the poor and backward people. Government is now providing security to farmers’ livelihood. Sofar it is concerned with WTO agreement, apprehension is that if we are not aware and protect our indigenous knowledge, technologies and resources, poor people of our country would be poorer as they will lose holds on their resources. Developed countries and multinationals( MNCs) will take the rights on the same by taking patent on it. WTO agreement might become a prosperous developmental tool especially for the large farmers who are practicing agriculture in large scale with vast cultivation land and monopolistic production leading to a sectional betterment of the society. He added that as India do not have any national congress in connection with the WTO agreement in agricultural sector; we have little provision to fight the issues at the global platform while they are setting any restriction in the form of a new policy. Actually they are imposing their political and economic philosophy to developing countries to satisfy their won aspiration and privileged condition in global economy. Farmers’ Rights and seed companies :
Compatibility and Conflict
Session III Chair : Dr. B.K. Tewari, Professor, North East Hill University (NEHU), Speaker: Dr. Subhendu Dasgupta, Professor, Centre for South Asian Studies, Calcutta University. Prof. Subhendu Dasgupta, Professor of Calcutta University,
highlighted present scenario regarding the transitional seed firms
and Indian Farmers. He suggested govt should set agricultural
policies considering the each geographical area and its own
specificities—the ecology, the history, the economy, the
culture, the types of seed, the food pattern. But governmental
agricultural policies have provided the required support for such
changes that have accelerated the intervention of hybrid seeds,
chemical fertilizers and terminator seeds in Indian traditional
agricultural system undermining the local knowledge of farmers of
mountain region. This changes in the government policies and the
corresponding changes in the production processes led to
fundamental changes in the most important component of the
agricultural inputs—seed. He also elaborated the importance of seeds in Indian agricultural
process. On the basis of the local and traditional knowledge
system seeds are saved, developed, exchanged and reused by
farmers. A seed through a natural process gets evolved and
developed into a variety that suits the local ecology. In case of
conventional breeding the yield potentiality is not limited by the
normal availability of water, nutrients, pests, diseases or weeds
and in this way contextual category of seeds has been improved. This context is missed in the case of engineered seeds and genetically
modified seeds. These seeds are made not to satisfy the local
interests, but the interests of the manufacturers of the seeds.
These seeds are made not considering the specificities of locales
where the seeds will be used, but considering all kinds of
agricultural fields as a general category.
With the change of birthplace of seeds from the
agricultural fields to the industrial laboratories, with the
displacement of seeds from its local ecological specificity to the
technological generality, a new category has emerged –the seed
manufacturers. In the process seed has lost its autonomous role in
the agricultural production process and has become tied to
chemical inputs- the seed manufacturers and chemical manufacturers
become integrated. As the character of the crops have changed from
import-substituted and subsistent produced to market oriented and
export targeted commodities, the seed and chemical firms become
associated to the global trading firms. In order to establish and
continue their monopolistic position, these firms invest huge
amount of funds in research on newer kind of seeds and related
chemicals. Farmers in Himalayan Region are characterised by small and medium
cultivators producing food crops at the subsistence level.
The production process was initially based on local
knowledge system and local seeds. Farmers here are not only
cultivators but breeders of the seeds they use. Therefore the
above agenda gave
rise to mono crop culture and loss of traditional knowledge and
degradation in farmers’ rights. Discussion: The
farmers could explore their indigenous seeds if they want avoiding
hybrid seeds offered by MNCs and agencies from outside. The mass
promotion of “Green
Revolution” resulted
in ninety five percent loss in biodiversity. Local varieties and
indigenous seeds are going to be lost day by day as farmers are
now practicing genetically modified seeds for their agriculture. The main reason behind farmers being reluctant to cultivate the indigenous varieties of crop is the low yield which cannot meet the need of the farmer community to sustain. But people of North East states are very much conscious about the indigenous seeds and their inherent traditional knowledge. For an instance one can see that people are now buying local variety of rice at higher rate than hybrid varieties from local market. Meghalaya has adopted policies to promote the organic manure in agriculture. Even thirty to forty percent of total crops in North East are of indigenous varieties. Traditional Knowledge-base and Agriculture Practices in Central Himalayan RegionSession IVChair : Dr. A. K. Goswami, WWF-Guwahati, Speaker : Dr. Silanjan Bhattacharyya, Vivekananda College, Calcutta University. Dr. Silanjan Bhattacharya, Calcutta University emphasised on the process of documentation of traditional knowledge practiced in agriculture and that people should consider the Ecosystem documentation because agriculture depends on the diversified biological agents which directly and indirectly influence the agriculture. India harbours a rich biodiversity resource base including two biodiversity hotspots within its territory. Richness of its traditional knowledge base relating agro-biodiversity and medicinal biodiversity is unparallel. The present trend is that the Research and Development efforts of several TNCs from developed countries engaged in producing genetically engineered biomaterials from the natural resources of developing countries. The new IPR regime under the GATT-TRIPS fold encourage those entrepreneurs by ensuring their stricter monopoly over such invented biomaterials. To protect our resources we should fight for modifications in the IPRs of the GATT-TRIPS on biodiversity issues as suggested by CBD, including the compulsion of recognizing the Country of origin of the genetic resource and justified benefit sharing with the person or group whose traditional knowledge led to a patentable innovation. Documentation, monitoring and conservation of local biodiversity and indigenous knowledge on it are to be considered as the thrust area of activities by a mega diversity country like India. It was mentioned in this connection, that to initiate the process for documentation of traditional knowledge one effort has been taken in the Western Ghats mountain region for its rich Biodiversity and LIFESCAPE. It has been initiated by networking with local teachers and students from undergraduate colleges scattered over almost entire peninsular India who are working for documentation and monitoring their local biodiversity through preparation of People’s Biodiversity Registers (PBR) and otherwise, through the studies of selected communities of plants and animals or habitats. He highlighted some aspects that have been documented in detail in the
PBR
PBR is very important because that helps taking stock and document the
status of the biodiversity resources and traditional knowledge
from indigenous communities who could be made aware of the TRIPs
induced global scenario and its relevance on their lives. Discussion: A
suggestion came up to encourage creating
PBR in North-East region and to use it for maintaining a database of
biodiversity and traditional knowledge. The process could
be initiated regionally by involving local young generation,
farmers and gram panchayat offering them some training and
orientation program at initial stage. A set of recommendation
should be made to initiate the process extracting the flavour of
the two day interactive workshop. Existing/Potential changes in Legislation
and their impact on local customs
Day IISession V Chair : Prof. Nabin Sen, Reader, Department of Business Management, Calcutta University, Speaker : Dr. Dipankar Dey, Director, CUTS, Dr. D. K. Hore, principal scientist of National Bureau of Plant Genetic Research (NBPGR). Dr. Dipankar Dey, Director CUTS, Calcutta, arrated the three salient features of WTO and TRIPS agreement and raised the intention for reviewing the TRIPS agreement. The agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of the WTO sets certain obligations on its members countries to protect its Intellectual Property at the national level. Article 27.1 of TRIPS requires all the member countries of WTO to offer patent protection to inventions in all fields of technology in their own countries. Under
the articles 27.2 and 27.3 of TRIPS there is provision for
providing some kind of intellectual property protection to
elements of the plant world. This rule is in opposition to the
rules framed in India in the pre-globalization era—The Indian
Patent Act 1970, where patent over elements of both plant and
animal were banned. The
article 27 of TRIPS has been one of the most controversial clauses
of the document. One of the interesting aspects of article 27.3
(b) is that there are quite a few terms in it, which have not been
defined lucidly. According to Carlos M. Correa, the terms, which
are open to be interpreted properly, are plants, animals,
microorganisms, non-biological processes, essentially biological
processes, microbiological processes and plant varieties,
effective and sui generis system. The
developed countries on the contrary want to mention UPOV as a
model of effective sui generis system and would like to bring the
effectiveness question within the ambit of the rather powerful
implementation mechanism of the WTO. This will mean that any sui
generis system to be accepted as “ effective” for the purpose of this article must be
compatible with UPOV. He
also noticed that another argument, which has been raised by India
and supported by most of the developing countries is about the
incompatibility between TRIPS and convention on Biological
Diversity (CBD). Dr. D. K. Hore, principal scientist of National Bureau of Plant Genetic Research (NBPGR) showed some slides, on the local customs and indigenous knowledge practiced in north east region of India. He focused especially on its tribes, demographic structures, farming system, crop landraces, culture/traditions to maintain crop, conservation practices and community gene bank. He explained and defined “Farmers’ Rights” as it refers to “rights arising from the past, present and future contributions of farmers in conserving, improving and making available plant genetic resources, particularly those in the context of origin and diversity.” He mentioned that the genetic conservation methods of rural and tribal families are being catalogued to provide a basis for the implementation of Farmers’ Rights under sui generis system relating to plant variety protection in northeastern region. To provide linkages between ex-situ and in-situ on farm conservation, the community gene bank is linked to field gene banks for maintenance of local landraces to ensure sustainable use and equitable sharing of benefit. He
also discussed the various legal aspects of ‘The Protection of
Plant Varieties and Farmers’ Right Act 2001” Looking after the
sustainable agricultural practice followed in north east, he
guessed that the law may not be much needed, but poor farmers may
be benefited through recognition and reward, as they will be more
conscious and hold the value of such kind of in-situ/on farm
conservation practice which prevents the crop genetic erosion. Discussion:
A doubt is reflected about the benefit sharing issue of community
gene bank. The community gene bank is created under the rules of
centralized authoritative body so resources is not easily
accessible for local farmers. Suggestion is made to involve the
local gram panchayat to have a stake to monitor activities of the
bank. Due to diversified groups of tribes and sub tribes and their
dynamic local culture in North East initially the concept may not
be well taken by all of them. Alternatively the lack of resources
may be a constraint for Gram Panchayat to take the leading role
than accept the centralized system in the initial stage. Demand
of demystified documents in local language was raised on the
issues of relevant legislation with legal and social connotation
considering regional anthropological, social and historical issues
which could be helpful for farmers to know social changes. Involvement of the stakeholders in the
context of the recent changes in the Himalayan Agriculture
Session VIChair : Dr. D. K. Hore, principal scientist of National Bureau of Plant Genetic Research (NBPGR). Speaker : Prof. Nabin Sen, Reader, Department of Business Management, Calcutta University. Prof.
Nabin Sen, Calcutta
University,
opined that Farmer might be the biggest stakeholder who could
raise his voice against any discrepancies in relevant acts
affecting their livelihood with the support of NGOs, academic and
autonomous institutions. To initiate process of development a good
networking is needed to link the grass root to policy level.
Information dissemination program should be adopted and a modus
operendi for benefit sharing should be set to solve the problems
and to improve the state of local community. He
mentioned that in North East region various NGOs like AIDA, NEN,
BRO are working for awareness generation campaign to motivate
local people towards their traditional practices. According to him
these NGOs after networking within themselves could play a vital
role in documentation of traditional knowledge and also in
preparing People’s Biodiversity
Registrar (PBR). He
stressed on the farmers’ active participation in all these
processes. These interaction can contribute to reach local
farmers’ voice to convey their massage to policy maker. He
suggested stakeholders like NGOs, Rural Institutions to play as an
interface between local farmers and Government in translating the
local problems and in making input while policies are being made. Discussion:
NGO representatives feel that
People Biodiversity Registrar (PBR) should be prepared after a
vivid discussion among the stakeholders. They feel the need for
awareness generation on existing laws with explanation and
connotation in local perspective. Even awareness on the importance
of species to be created among the farmers. A
manual could be developed to document the traditional knowledge
which may give the simplistic way to interact with local
communities to index natural resources. Group
Discussion: Due to large scale illiteracy in the locality, the training programmes by local NGOs could not be penetrative, nor were the lessons of many of the developmental projects applicable in several instances. The area is known for abandoned availability of bamboos but there is hardly any programme for its diversified utilization. They want more intervention by CUTS in the awareness generation and capacity building field. Someone pointed out the tyranny of contracts in bamboo sale and purchase. He said that a rudimentary registrar of medicinal plants had been made in recent times, but PBR kind of exercise is yet to be undertaken. Also stressed on the widely felt need for a “users’ manual” for medicinal plants in local languages. People hailed from a remote village of west Arunachal Pradesh without any transport facilities and pointed out the need for organizing trainers’ orientation programmes in the area for greater awareness generation about WTO, globalisation and related issues. AIDA, has played a significant role in forming Self-help Group, construction of low-cost toilets, training for knitting and sewing, etc, but programmes like knitting suffered due to inadequate marketing facilities for the knit weavers. A large magnitude of “virgin areas” in extreme north east which need immediate alteration because of their abundance of flora and fauna, many of which are rare and their uses are little known. In this context, it is mentioned a small tribal community who regularly take the pith of the palm trees like bread. So the importance of PBR, cannot be overlooked. One of the participants emphacised the need for identification of committed NGOs in view of the many face or pseudo-NGOs operating in the entire North East for any meaningful activity regarding PBR or the Farmers’ Rights, etc. Recommendations:
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